Legal Custody
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religious training.
Understanding Legal Custody
Legal custody is distinct from physical custody and can be awarded jointly or solely. Joint legal custody means both parents must consult and agree on major decisions like school enrollment, medical procedures, therapy, and religious education. Sole legal custody gives one parent exclusive authority to make these decisions. Courts strongly prefer joint legal custody unless one parent is unfit, abusive, or completely uninvolved. Day-to-day decisions are made by whichever parent the child is with at the time.
Real-World Examples
They shared joint legal custody, meaning both parents had to agree on decisions like which school the children would attend and whether they needed therapy.
Related Terms
The right to have the child live with you, determining where the child resides on a day-to-day basis.
Joint CustodyAn arrangement where both parents share decision-making authority (legal custody) and/or physical time (physical custody) with their children.
Parenting PlanA detailed written agreement specifying how parents will share custody, visitation, decision-making, and responsibilities for their children after divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.